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ORDIN~%NCE NO. 092-~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, PERMITTING
THE EXPANSION OF NON-CONFORMING STRUCTURES IN
THE CENTRAL BUSINESS DISTRICT OF THE CITY;
PROVIDING FOR CONDITIONS AND LIMITATIONS ON
EXPANSION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission based upon recommendation by
staff deems it in the best interest of the City to permit limited
expansion of non-conforming structures with conforming uses in
the central business district of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each "WHEREAS" clause set forth above is true
and correct and herein incorporated by this reference.
Section 2. Appendix A Section 6 E. of the City Code
shall be amended to add a new Section 7 which shall read as
follows:
Section 7.
A. PURPOSE
It is the purpose and intent of this Section
to allow the limited expansion of a non-conforming
structure which is used for a conforming use and which
is located within the Central Business District
("CBD").
B. PROCEDURE
1. No non-conforming structure located in
the Central Business District may be changed, enlarged,
expanded, or restored without the property owner first
submitting an application for approval of the proposed
change to the City and receiving approval as
hereinafter provided.
2. Applications shall be submitted to the
Planning and Zoning Department on forms prescribed by
the Planning and Zoning Department.
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3. Applications shall be processed
according to the procedures for a site plan review in
the Central Business District and shall be reviewed by
the Community Redevelopment Advisory Board and approved
by the Community Redevelopment Agency.
C. REVIEW CRITERIA
Prior to granting
expansion of a non-conforming
findings shall be made:
an approval for the
structure, the following
1. That granting the application will not
adversely affect the public interest.
2. Expansion will not be detrimental to the
health, Safety, and general welfare of persons working
or residing within the Central Business District.
3. Approval will to the maximum extent
possible bring the building and the site upon which it
is located into compliance with City regulations and
will improve the physical appearance of the structure.
4. That the expansion will be in harmony
with the general intent and purpose of the Central
Business District.
D. CONDITIONS
1. The Community Redevelopment Advisory
Board shall recommend and the City Commission sitting
as the Community Redevelopment Agency may prescribe
appropriate conditions and safeguards necessary and
reasonable to insure that the expansion of a non-
conforming structure will be in harmony with the
general intent and purpose of the Central Business
District.
2. In no event shall an application be
granted which would permit the interior gross floor
area of a non-conforming structure to be enlarged by
more than twenty-five (25%) percent in size.
E. DEVELOPMENT STANDARDS
1. In the event an application for
expansion of a non-conforming structure is granted,
additional parking spaces shall only be required for
the expanded area of the non-conforming structure. The
"Boynton Beach Parking Lot Regulations (Article X of
Chapter 5 of the Code of Ordinances) shall not apply to
expansions of non-conforming structures approved
pursuant to this section.
2. Ail sites will be brought into
compliance with the zoning and development regulations
of the City to the maximum extent possible. The
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Community Redevelopment Agency may grant relief from
provisions of requirements of the zoning and
development regulations of the City provided that they
make specific findings of fact that the waiver will not
be detrimental to the health, safety, and general
welfare of persons working or residing within the
Central Business District and that the waiver will
result in additional business activity that is
harmonious with the general intent and purpose of the
Central Business District.
F. COMPLIANCE WITH OTHER CODES
Nothing in this section shall diminish the
responsibility of an owner to maintain his use or
structure in full compliance with all other city,
County, State, or Federal regulations, or licensing
procedures.
G. PAYMENT IN LIEU OF PARKING
1. When the Community Redevelopment Agency
finds that the property owner seeking an expansion
cannot effectively, efficiently, or economically
provide for the additional on-site parking required for
the expansion, the Community Redevelopment Agency may
accept a payment in lieu of parking. The payment shall
be based on a formula established by the City
Administration and adopted by resolution of the City
Commission. In the event the City Commission fails to
adopt a resolution establishing a formula for
calculating the payment in lieu of parking, then in
that event, no payment in lieu of parking may be made
and the number of on-site parking spaces required or an
equivalent number of off-site parking spaces obtained
pursuant to a binding long-term off-site parking
agreement shall be provided as a condition of approval.
2. The Community Redevelopment Agency shall
make the following findings prior to authorizing a
payment in lieu of parking.
a) The number
spaces required to be provided
code of ordinances.
of off street parking
for a development by the
b) The maximum number of spaces which
can be provided by the development in a manner which
effectively serves the development, is cost-efficient,
and is consistent with the intent of the CBD zoning
district.
c) The number of parking spaces that
the Community Redevelopment Agency determines can
reasonably be accommodated in municipal parking
facilities, either existing or planned to be
constructed within 5 years after authorization of the
payment in lieu of parking.
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d) The current capital cost of
providing required parking spaces to serve the use
contemplated by the payment in lieu of parking.
authorized
requirements
Whenever a payment in lieu of parking is
and accepted, the following additional
shall apply:
a. Any off street parking arrangement
satisfied in this manner shall run with the land, and
any subsequent change of use which requires more
parking shall require recalculation of the payment in
lieu of parking fee.
b. No refund of payment shall be made
when there is a change to a use requiring less parking.
c. The payment in lieu of parking
shall be made to the City in one lump sum prior to
issuance of a building permit.
d. Funds derived from a payment in
lieu of parking shall be deposited by the City into a
parking trust fund, and unless the applicant consents
otherwise, shall be used and expended exclusively for
the purpose of planning, designing, or developing
public parking facilities located within 1000 feet of
the development for which the payment in lieu of
parking was made. The distance requirement referenced
herein shall be a straight line measurement from a
point on the boundary line of the property, which is
the subject of the application to the closest boundary
line of the property on which the public parking
facility is located.
Section 3. That all ordinances or parts of ordinances in
~onflict herewith be and the same are hereby repealed.
Section 4. In the event any portion of this Ordinance is
deemed invalid, illegal or unconstitutional by any court of
competent jurisdiction,
the remaining portions
remain in full
Section 5.
ordinance.
Section 6.
such decision
or sections of
force and effect.
Authority
shall in no manner effect
this Ordinance and shall
is hereby granted to codify said
This ordinance shall become effective
immediately upon adoption by second reading.
FIRST READING this J . day of ~___~,
1992.
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SECOND, FINAL
READING
ATTEST:
(CORPOT~TE SEAL)
and PASSAGE this /~ day of
CITY OF BOYNTON BEACH, FLORIDA
Vlc e ;ayo .
Co.er ~
[A:bbord Icrsspkg.doc]
CODING:
Words in s~ek-%h~e~h type are deletion from
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Words in underscore type are additions.
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